Woods sat on the Fifth Circuit for 11 years, before being named by Rutherford B. Hayes to the Supreme Court in December 1880. He was the first person named to the high court from a Confederate state since 1853

Justice David Davis, however, had resigned from the Supreme Court in January 1877 after being selected as a United States Senator by the Illinois General Assembly. Seeking a replacement, Hayes settled on Harlan, and formally submitted his name to the Senate on October 16. Though Harlan's nomination prompted some criticism from Republican stalwarts, he was confirmed unanimously on November 29, 1877

Early in 1881, President Rutherford B. Hayes nominated Matthews for a position as an Associate Justice on the U.S. Supreme Court. Matthews was a controversial nominee, and as the nomination came near the end of Hayes's term, the Senate did not act on it.